Duke University Student Organization Contract. Organization Information

Transcription

1 Duke University Student Organization Contract Student Organization: Student Representative: Student Duke Advisor Name: Advisor Duke Organization Information Date: Student Phone: Advisor Phone: No contract shall be considered binding upon Duke University unless signed at the bottom of the contract by approved Duke University staff. Payee s name on the contract MUST match the name on the W-9. Contract Information Duke University, hereafter called the PURCHASER agrees to pay: hereafter called the PRESENTER/CONTRACTING PARTY, the sum of $ for which sum the PRESENTER/CONTRACTING PARTY shall (ENGAGEMENT DETAILS): from (START TIME): to (END TIME): On (DATE): in (LOCATION): at (ADDRESS): All items in the contract are subject to local, state, and federal law and Duke University policy. 1. Payment: Unless otherwise agreed to, payment will be via certified university check. PRESENTER/CONTRACTING PARTY must submit a valid W9 (2014 IRS version, signed and dated in current year) to process payment. Best efforts will be made to provide check to PRESENTER/CONTRACTING PARTY at conclusion of the engagement. If a check is not available on the day of the event, PURCHASER will mail check to PRESENTER/CONTRACTING PARTY following the engagement. Check will be mailed to the address listed on the PRESENTER/CONTRACTING PARTY S W9. Once all required documentation is received, the payment will be processed. It will take approximately 8 weeks for the check to process. 2. Payment to Foreign Nationals: Payment to Foreign National speakers, artists, or US entities that are representing Foreign Nationals coming to Duke University may be subject to 36% tax withholding. In addition to the tax withholding, Duke University also requires a copy of the Foreign National's passport and I-9 or Visa stamp. Depending upon the visa status, more documentation may be required. The process to pay Foreign Nationals may extend beyond the standard processing timeline. Questions about Foreign National payment processing should be directed to studentorgcontracts@duke.edu.

2 3. Deposits: Duke University does not submit deposits. 4. Liability: a. Duke University is self-insured for liability protection. Such protection applies to Duke University and its agents and representatives. b. PRESENTER/CONTRACTING PARTY and all other vendors, contractors, or agents must provide their own liability coverage. Worker s Compensation: Statutory limits Employer s Liability: $1,000,000 each accident Commercial General Liability include Products/Completed Operations Liability: $1,000,000 each occurrence/$2,000,000 aggregate including bodily injury and property damage; personal/advertising injury; contractual; premises/operations; products and completed operations. An Excess Liability policy is acceptable if necessary to bring the General Liability to the minimum limit of $1,000,000 per occurrence, $2,000,000 aggregate. Automotive liability: $1,000,000 with bodily injury and property damage for owned, non-owned and hired vehicles. Duke University must be named as an Additional Insured with respect to General Liability coverage insofar as it pertains to the work done/service provided/product delivered to the university. Your policy must be Primary as to any other valid and collectible insurance, but only as acts of the named insured. A certificate of insurance with the beginning by the Contractor for the University. Coverage represented on the certificates of insurance must show policy numbers, effective dates and limits. All policies shall evidence insurance written by a carrier licensed in the State of North Carolina and rated at least A in A.M. Best s Key Rating Guide, or otherwise acceptable to Duke. c. Duke University agrees to provide liability protection for its officers, employees, and agents while acting in the scope of their employment. Duke University further agrees to hold harmless the Artist/Vendor, its officers, agents and employees from any and all liability, including claims, demands, losses, costs, damages, and expenses of every kind and description (including death), or damages to persons or property arising out of or in connection with or occurring during the course of this contract where such liability is founded upon or grows out of the acts or omissions of any of the officers, employees, or agents of Duke University while acting within the scope of their employment. d. Artist/Vendor agree to indemnify and hold harmless Duke University and its officers, employees, and agents from any and all liability, including claims,

3 demands, losses, costs, damages, and expenses of every kind and description (including death), or damages to persons or property arising out of or in connection with or occurring during the course of this Entertainment Contract where such liability is founded upon or grows out of the acts or omissions of any of the officers, employees, or agents of the Artist/Vendor or Producer. e. Certificate of insurance available upon request. 5. Force Majeure: The parties obligation to perform the Contract shall be excused, and the Contract shall be deemed rescinded, if PRESENTER/CONTRACTING PARTY s engagement is rendered impossible or infeasible as a result of illness, death, or injury to PRESENTER/CONTRACTING PARTY; accident; fire; riot or other manifestation of civil disorder; an act, rule, or regulation of any public authority or court; an act of God; or any other event beyond the reasonable control of either party which would preclude the performance. Force Majeure also applies in the event of Duke University closure for severe weather. 6. Disputes: This performance contract addendum and any proceedings conducted hereunder shall be governed and enforced by the laws of North Carolina. Any claims arising from this contract and its execution shall be brought in an appropriate forum in Durham, North Carolina. 7. Signatory: The person executing this agreement on Duke University s behalf does so as an agent of Duke University and is not personally liable for the payment of the contract price. Duke University is responsible for the payment of said price in full. The Duke University employee signing this contract does so on behalf of the student organization listed on the first page of the contract and acts only as the signatory for Duke University. All contract terms and conditions are the responsibility of the student organization and their advisor as listed on the first page of the contract. Neither the employee signing this contract, the student organization advisor, or the students are personally liable for the terms of the contract. Duke University assumes liability for the contract terms. 8. Entertainment Tax: North Carolina law requires withholding of 4% of fee on all PRESENTER/CONTRACTING PARTY fees of $ or more, unless PRESENTER/CONTRACTING PARTY receives a waiver from the state of North Carolina. Waiver must be presented to PURCHASER 10 days before the engagement. 9. PRESENTER/CONTRACTING PARTY Default: In the event PRESENTER/CONTRACTING PARTY refuses or neglects to provide any of the items herein stated or comply with any provisions hereunder, and/or fails to proceed with the engagement as at the times herein specified, then any such failure shall be deemed a substantial and material breach of this agreement and PURCHASER shall have the right (in PURCHASER s sole discretion), without any prejudice to: (1) immediately cancel this agreement and cancel any or all engagements hereunder; and (2) PURCHASER shall

4 have no further liabilities and/or obligations in connection with the engagement or the transactions contemplated by this agreement. 10. Statement of Non-Discrimination: The parties mutually agree that in the engagement of the contract they will not discriminate or permit discrimination against any person or group of persons on the basis of race, color, religion, national origin, disability, veteran status, sexual orientation, gender identity, sex, genetic information, or age, or in any other manner prohibited by the laws of the United States or the State of North Carolina. 11. Non-assignability: No party shall transfer any interest in the contract, whether by assignment or delegation, without the written consent of the other party. 12. Severability: The invalidity, in whole or in part, of any provision of the contract does not affect the validity of the remainder of the contract. 13. Statement of Governance: It is expressly agreed that the terms of each and every provision of this contract shall prevail and control over the terms of any conflicting or inconsistent provisions of any addendum, terms, rider added by PRESENTER/CONTRACTING PARTY. 14. Limitation of Terms: This contract contains the complete understanding of the parties and cannot be amended, supplemented, modified, or rescinded except in writing by all parties to the contract. 15. Equipment: The engagement of PRESENTER/CONTRACTING PARTY is a completely self-contained program and will not require that supplemental musicians, equipment, musical instruments or other services be provided at the expense of PURCHASER unless otherwise specified in this contract. Any musicians, equipment, or musical instruments which PURCHASER does provide will remain under the complete supervision, direction, and control of PURCHASER. PURCHASER is not responsible for any musicians, equipment, musical instruments or other services not specifically included in this contract. If PRESENTER/CONTRACTING PARTY does not use the items or services included in the contract, PURCHASER will be reimbursed for all costs of providing said items or services. 16. Contract Authority: AGENT warrants that it has full and current legal authority to act and contract on behalf of the PRESENTER/CONTRACTING PARTY. AGENT warrants that it is authorized by PRESENTER/CONTRACTING PARTY to execute this contract. 17. Reproduction of Engagement: PURCHASER agrees to prevent, to the best of its ability, the filming, broadcasting, recording, or reproduction by radio, television, or any other device of the PRESENTER/CONTRACTING PARTY s engagement without written permission of the PRESENTER/CONTRACTING PARTY. PURCHASER shall, however, retain the right to photograph said engagement for inclusion in publications and online materials of Duke University and its students.

5 18. Inability to Perform: If PRESENTER/CONTRACTING PARTY arrives prior to engagement under the influence of intoxicating beverages, narcotics, or drugs, and, as a result thereof, in the opinion of the PURCHASER, PRESENTER/CONTRACTING PARTY cannot render said engagement within the reasonable expectations of the PUCHASER, the PURCHASER shall consider this breach of contract. 19. Transportation & Lodging: All contracts are All-Inclusive. All transportation and lodging shall be the sole responsibility of AGENT and/or PRESENTER/CONTRACTING PARTY unless otherwise specified in the Contract. PURCHASER may provide ground transportation if requested at least two weeks prior to the performance. If PURCHASER, at any time, provides local transportation and/or lodging for PRESENTER/CONTRACTING PARTY and/or PRESENTER/CONTRACTING PARTY s entourage, PRESENTER and/or PRESENTER/CONTRACTING PARTY s entourage hereby release and forever discharge PURCHASER of and from any and all claims, demands, actions, damages, liability, costs and expenses (including attorney's fees) of whatsoever nature had or incurred by PRESENTER/CONTRACTING PARTY and/or PRESENTER/CONTRACTING PARTY s entourage as a result of PURCHASER's provision of transportation and/or lodging hereunder. PRESENTER/CONTRACTING PARTY and/or PRESENTER/CONTRACTING PARTY s entourage will indemnify and hold PURCHASER harmless for any liability incurred as a result of PURCHASER's provision of transportation and/or lodging hereunder. 20. Delay of Engagement: PURCHASER reserves the right to prorate and/or adjust the cost of the services contracted for herein, or to declare the Contract to be null and void, if the commencement of PRESENTER/CONTRACTING PARTY s engagement is unduly delayed due to the fault of PRESENTER/CONTRACTING PARTY and/or any of their agents and/or representatives. 21. Technical Rider: At this time, we are aware of a technical rider that will be a part of this Contract. If technical requirements are presented by or on behalf of PRESENTER/CONTRACTING PARTY subsequent to execution of the Contract, PURCHASER reserves the right to renegotiate the terms of the Contract or, if unreasonable changes are required, to cancel the Contract. 22. Breach of Contract: If AGENT and/or PRESENTER/CONTRACTING PARTY breach this Contract for any reason other than a force majeure occurrence (see item number 5 above), PRESETNER s engagement shall be placed in jeopardy and subject to cancellation by PURCHASER, in which event AGENT and PRESENTER/CONTRACTING PARTY shall be jointly and severely liable for all outof-pocket expenses and expenses related to cancellation of the engagement incurred by PURCHASER and shall pay these expenses to PURCHASER in full within thirty (30) days of said breach. 23. Morality: PURCHASER may cancel the PRESENTER/CONTRACTING PARTY from the event upon written notice if PRESENTER/CONTRACTING PARTY is charged with

6 any felonious crime of moral turpitude that a reasonable person would believe would bring the PRESENTER/CONTRACTING PARTY into general public disrepute, contempt, scandal or ridicule, or to shock, insult or offend the public and which a reasonable person would believe would have the effect of reflecting unfavorably upon the PURCHASER s reputation if the engagement continues in the reasonable opinion of the PURCHASER. The PURCHASER s decision to terminate hereunder must be exercised, if at all, no later than 90 days after the facts giving rise to such right are brought to the PURCHASER s attention, but in no event later than the engagement date. The PURCHASER s written notice of termination shall state the detailed reasoning of the PURCHASER s conclusions. 24. Control of Production: Details and manner of engagement are under the control of the PRESENTER/CONTRACTING PARTY. However, Duke University has the right to direct Artist to discontinue any activity constituting a violation of University policy, as well as any federal, state, or local laws. 25. Alcohol, Tobacco, Illegal Drugs: Duke will not provide PRESENTER/CONTRACTING PARTY with alcohol, tobacco, or illegal drugs. It is understood that artists will refrain from the use of such substances, which could alter their ability to perform during their time at Duke. While performing at Duke, all artists agree to remain sober and reflect a positive image of professionalism. 26. Set Times: Tardiness and/or inadequate set times will not be tolerated. Artists shall be ready to perform at agreed upon set times as stated in the final contract. Cooperation from all artists and personnel is appreciated. 27. Audience Participation: Artist are not permitted to invite students on stage during performance, unless negotiated between PURCHASER and PRESENTER/CONTRACTING PARTY. Rough or rowdy behavior will not be encouraged by the PRESENTER/CONTRACTING PARTY. This includes crowd surfing/diving/walking, mosh pit like behavior, or language that instigates riots/violence. 28. Damage to Equipment: In the event that any PRESENTER/CONTRACTING PARTY causes damage to equipment (stage, sound, lighting, backline, etc.) due to willful neglect or inappropriate usage (kicking equipment, jumping on monitors, etc.) the PRESENTER/CONTRACTING PARTY shall be fully responsible for the repair and/or replacement of said equipment. 29. Introductions: This is a student-run event. Students may wish to introduce acts. Introductions will be advanced with PRESENTER/CONTRACTING PARTY.

7 For the PURCHASER: Duke University Staff Signature Signature Printed Name Date Telephone For the PRESENTER/CONTRACTING PARTY: PRESENTER/CONTRACTING PARTY Signature Printed Name Date Telephone Are you a Foreign National? Have you ever been employed by Duke University? Include a signed W9 (IRS 2014 version, signed in the current year), ICC form (if submitting a W9 with a social security number), and insurance requirement waiver (if needed) to process payment.